Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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2. To ask the Minister for Communications, Energy and Natural Resources the approach he will take regarding subterranean drilling and any conflict that could arise with property owners; and if he will make a statement on the matter. [31949/14]

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I take this opportunity to congratulate the Minister, Deputy Alex White, and Minister of State, Deputy Joe McHugh, on their appointments. I look forward to working with them. Although I crossed swords on many occasions with their predecessors, Deputies Pat Rabbitte and Fergus O'Dowd, and was sometimes frustrated with them, I do recognise that they worked very hard and were making progress. In my view, the process around the ministerial reshuffle lacked decency. I will leave it at that.

My question concerns the approach the Minister intends to take on the issue of subterranean drilling and any potential associated conflict with property owners.

Joe McHugh (Donegal North East, Fine Gael)
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I thank the Deputy for his kind words. I look forward to working with him and with the Minister and departmental officials. The Deputy's question is a broad one and my response reflects that. If there is a specific issue the Deputy wishes to raise, I will be happy to address it in my supplementary reply.

Drilling is a normal part of mineral and hydrocarbon exploration and is comprehensively regulated under the authorisation rules of the Department and of other regulatory regimes. Landowners’ interests are fully recognised and protected through statutory notification and public consultation processes afforded by the relevant licensing regime, the statutory planning process and the integrated pollution prevention control licensing regime, as appropriate. Entry onto land is subject to landowner agreement. There are also provisions for the reinstatement of lands and the payment of compensation to affected landowners in specified circumstances.

In terms of the impacts of exploration and drilling for minerals on land, it should be recognised that drilling small diameter bore holes to obtain basic geological information does not cause significant impacts. In the case of mining operations, works may be several hundred metres below the surface of the land. When damage or a nuisance is caused under authorisations, there is a requirement under the statute to pay compensation for such damage or nuisance to affected parties.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I thank the Minister of State for his reply. However, I am as wise now as I was before I tabled the question. Hydraulic fracturing involves vertical and horizontal drilling. A drill rig might be located 1 km from my home but as a result of the horizontal aspect, drilling could actually occur underneath it. What is the legal position for home owners and landowners in circumstances where this activity is occurring underneath their properties? Do they have the right to object? There is no question of a drilling company entering through a gate because the type of process to which I refer occurs underground. What rights do people have in the context of ensuring the integrity of their lands and homes will not be damaged? What legal protections are in place?

Joe McHugh (Donegal North East, Fine Gael)
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As already stated, the Deputy's initial question was general in nature and referred to subterranean drilling. Obviously, the latter encompasses mining. I asked him to pose a specific question following my reply and he has done so by focusing on hydraulic fracturing, or fracking, of rock formations. There is no plan at present to allow hydraulic fracturing to take place. Both of our predecessors in the Department, Deputies O'Dowd and Rabbitte, consistently stated that it is not proposed to consider applications for authorisations involving the use of hydraulic fracturing to take place until research the Environmental Protection Agency is carrying out into the potential environmental impact of this process has been completed and considered. It is important to point out that there are no plans to allow the use of hydraulic fracturing. It is also important to highlight that a call for tenders was issued by the EPA in November 2013 and that a steering group involving various departmental agencies has been established. That group has been reviewing the tenders received and an announcement on the award of the contract is expected shortly.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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What precise legal protections are available to landowners, home owners, etc., if companies decide to drill beneath their properties? Will the Minister of State establish the position in that regard and communicate further with me in respect of it?

Joe McHugh (Donegal North East, Fine Gael)
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The Deputy asked a specific question on protections for landowners. In any context, entry onto land is subject to the agreement of the owner.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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What legal protections apply with regard to underground or subterranean drilling?

Joe McHugh (Donegal North East, Fine Gael)
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Mining on land occurs in this country and there are statutory processes and planning obligations which apply. There are no plans to get involved in the hydraulic fracturing process.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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Will the Minister of State just establish for me the legal rights home owners would have if subterranean mining occurred under their properties?

Joe McHugh (Donegal North East, Fine Gael)
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I reiterate that entry onto land, be it on the surface or underground, is subject to the agreement of the owner. I am not going to waffle or bluff. That is the answer.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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So that is what applies.

Joe McHugh (Donegal North East, Fine Gael)
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Absolutely.